Redundancy and Alternative Employment

Redundancy: considering alternative employment

The Employment Appeal Tribunal has held that it is fair for a business to apply subjective selection criteria when deciding which potentially redundant employee should be offered alternative employment.

The principle that the selection of employees for redundancy should be based on objective criteria does not extend to deciding which potentially redundant employee should be appointed to an alternative vacancy. A business can undertake a competitive interview process and appoint the candidate it considers best for the job, even if this is based on its subjective view. It simply needs to act fairly and reasonably during the process.

This checklist sets out the duty that a business has to look for alternative employment for any potentially redundant employees.

For further information, please contact our Employment Law Team.

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